The regulations hereinafter set forth in this article qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this Code.

Any lot held in separate ownership at the time of passage of the ordinance from which this chapter is derived, which lot is below the requirements for lot area or lot width for the district in which it is located may be used for a single-family dwelling if such lot is located in a district which permits single-family dwellings. The width of each of the side yards for such a dwelling may be reduced to a width which is not less than the same percentage of the lot width as the required side yard would be of the required lot width, provided that in no case shall the smaller of the two yards be less than five feet or the total width of the two yards be less than 13 feet.

Except as otherwise provided in this chapter, every lot, existing or intended to be created, shall have such area, width and depth as is required by this chapter for the district in which such lot is located and shall have frontage upon a dedicated or publicly approved street or upon a private street or right-of-way approved by the planning commission.

Every dwelling structure shall be located and maintained on a separate lot having no less than the minimum area, width, depth and frontage required by this chapter for the district in which the dwelling structure is located, except that group dwellings, cluster dwellings, condominiums, and other multi-structure dwelling complexes under single ownership and management, which are permitted by this chapter and have approval from the planning commission, may occupy one lot for each multi-structure complex.

No required yard or other open space around an existing building or which is hereafter provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established.

No space needed to meet the width, yard, acre, coverage, parking or other requirements of this chapter for lot or building may be sold or leased away from such lot or building.

No parcel of land which has less than the minimum width and area requirements for the district in which it is located may be cut off from a larger parcel of land for the purpose, whether immediate or future, or building or development as a lot.

Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard, the ordinary projections of skylights, sills, belt courses, cornices, chimneys, flues, and other ornamental features which project into a yard not more than two and one-half feet, and open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers projecting into a yard not more than five feet.

No accessory building nor group of accessory buildings in any residential district shall cover more than 25 percent of the rear yard.

Public and quasi-public utility buildings, when authorized in a district, may be erected to a height greater than the district height limit by conditional use permit.

Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless or television masts, theater lofts, silos, or similar structures may be erected above the height limits herein prescribed, but no space above the height limit shall be allowed for purposes of providing additional floor space.

No dwelling shall be erected to a height less than one story above grade.

No building which is accessory to a one-family, two-family, three-family or four-family dwelling shall be erected to a height greater than one story or 20 feet.

In all districts which require a front yard, no obstruction to view in excess of 3½ feet in height shall be placed on any corner lot within a triangular area formed by the street property line and a line connecting them at points 40 feet from the intersection of the street lines, except a reasonable number of trees pruned high enough to permit unobstructed vision to automobile drivers; and pedestal-type identification signs and pumps at gasoline service stations.

(Ord. No. 4.6.22, § 1, 5-2-2022)

(a)

Fences, walls, and hedges may not exceed six feet in height within any required rear yard or interior side yard. No fence, wall, or hedge exceeding 3½ feet in height shall be erected or allowed along frontage property lines. Fences, walls, and hedges along side streets also cannot exceed 3½ feet. Exceptions: The height limit of 3½ feet may be extended to six feet for open fences such as chain-linked, or wire where no solid material is inserted. Persons building a fence must first obtain a no fee permit from the town clerk.

(b)

Fences, walls and hedges may not exceed 3½ feet in height within any required front or side street side yard.

(c)

Notwithstanding any other provisions herein, no fence, wall, or hedge 3½ feet in height shall be erected or allowed closer to any street line than the required. building setback line.

(d)

For the purpose of this section, single shrub planting shall not constitute a hedge if the closest distance between the foliage of any two plants is and remains at least five feet.

(e)

Where a fence, wall, or hedge is located along a property line separating two lots and there is a difference in the grade of the properties on the two sides of the property line, the fence, wall or hedge may be erected or allowed to the maximum height permitted on either side of the property line.

(Ord. No. 4.6.22, § 1, 5-2-2022)

In all cases where a proposed building or proposed use will involve the use of sewerage facilities, and a connection to a public sewer system as defined by the state division of environmental health is not available, and in all cases where a connection to a public water system approved by the state division of environmental health is not available, the sewage disposal and the domestic water supply shall comply with the requirements of such division and the application for a building permit shall be accompanied by a certificate of approval from said division of health.

The installation of curb, gutter and sidewalks of a type approved by the town shall be required on any existing or proposed street adjoining a lot on which a building is to be constructed or remodeled, or on which a new use is to be established. Such curbs, gutters, and sidewalks shall be required as a condition of building or use permit approval.

Lots with frontage on private streets only shall be allowed by conditional use permit or planned unit development procedure only, and subject to all applicable requirements of this chapter and the subdivision regulations in chapter 20.

To permit potential nuisances from industrial or other uses to be measured factually and objectively in terms of the potential nuisance itself; to ensure that all uses will provide necessary control methods for protection from hazards and nuisances which can be prevented by modern processes of control and nuisance elimination; to protect any use from arbitrary exclusion based solely on the characteristics of uncontrolled production in this type of use in the past.

No land or building in any district shall be used or occupied in any manner so as to create dangerous, injurious, noxious or otherwise objectionable fire, explosive, or other hazard, noise or vibration, smoke, dust, odor, or other form of air pollution; heat, cold, dampness, glare, electrical or other disturbance, liquid or solid refuse or wastes, or other substance, condition or element in such a manner or in such an amount as to affect adversely the surrounding area or adjoining premises. The foregoing are hereinafter referred to as "dangerous or objectionable elements." No use shall be undertaken or maintained unless it conforms to the regulations of this section in addition to the regulations set forth for the district in which such use is situated.

The building inspector may require performance standards review for any use in any building when he has reason to believe that such use, or the manner of its operation will not or may not conform to the performance standards adopted by the town.

(a)

When the planning commission or the building inspector deems it necessary, any application for a conditional use permit, a planned unit development approval, or a building or use permit, shall be accompanied by a geologic and soils survey report for the land, lot, or parcel for which application approval is sought. The report shall be prepared and shall show the suitability of soil on the property to accommodate the proposed construction, and any discernible flood or earthquake hazards.

(b)

Whenever a geologic and soils survey report indicates a parcel to be subject to unusual potential or actual hazard, the applicant shall satisfy the special conditions required by the planning commission or building inspector, to reduce or eliminate such hazard, or if such conditions cannot be met, or will not be met, the application shall be denied.